Shaw v. Saxman
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a decree of the Supreme Court of the District of Columbia dismissing a bill in equity to establish the right of the plaintiff to participate in the estate of her deceased husband.
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Hearing on an appeal by the plaintiff from a decree of the Supreme Court of the District of Columbia dismissing a bill in equity to establish the right of the plaintiff to participate in the estate of her deceased husband. The Court in the opinion stated the facts as follows: Appellant, Catharine Woodrow Shaw, as the widow of Josiah Shaw, late of the District of Columbia, appeals from 'a decree of the supreme court of the District on the probate side, -denying her claim to a widow's interest in her husband’s estate. [The appellees are Chas. W. Saxman, Administrator, Henry P. Blair and Levi H.…
1Opinion of the CourtJustice Robb
It is not questioned that appellant and Shaw were married as claimed, nor could it well be, for the evidence on this point is overwhelming, as was found by the learned trial justice. The court further found that the parties never were divorced, and in that finding* we concur. See Smith v. Fuller, 138 Iowa, 91, 16 L.R.A.(N.S.) 98, 115 N. W. 912. It necessarily follows, therefore, that appellant is the widow of Shaw. The learned trial justice disposed of the case upon the theory that the clause in the agreement of separation to the effect that the parties were not to disturb each other referred…
2Cases cited6 opinions
- Consolidated Fruit-Jar Co. v. WrightSupreme Court of the United States · 1877
- Hokamp v. HagamanCourt of Appeals of Maryland · 1872
- Smith v. FullerSupreme Court of Iowa · 1908
- Moon v. BruceSupreme Court of South Carolina · 1902
- Dunn v. Portsmouth Savings BankSupreme Court of Iowa · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cooper v. CooperDistrict of Columbia Court of Appeals · 1944
- Landa v. AstinCourt of Appeals for the D.C. Circuit · 1951